Town of Montour, NY
Schuyler County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Montour as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-6-1999 by L.L. No. 1-1999]
This article is adopted pursuant to the authority of Article 9-A of the General Municipal Law of the State of New York, and shall be known as "Town of Montour Local Law No. 1 of the year 1999, Local Law to Provide For and Regulate Conduct of Games of Chance by Authorized Organizations Within the Town of Montour."
A. 
The words and terms used in this article shall have the same meanings as such words and terms used in Article 9-A of the General Municipal Law, unless otherwise provided herein, or unless the context requires a different meaning.
B. 
As used in this article, the following terms shall have the meanings indicated:
THE CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY OF SCHUYLER
The Schuyler County Sheriff.
TOWN
The Town of Montour.
Pursuant to and in accordance with the provisions of General Municipal Law of the State of New York Article 9-A and other applicable provisions of the law, it shall be lawful for any authorized organization, upon obtaining a license therefor as provided in Article 9-A of the General Municipal Law and this article, together with such other rules and regulations as may apply, including, but not limited to, the rules and regulations of the New York State Racing and Wagering Board, to conduct games of chance with the territorial limits of the Town of Montour subject to the provisions of this article, and provisions of Article 9-A of the General Municipal Law, and the rules and regulations set forth by the New York State Racing and Wagering Board as the local law, state law, and rules and regulations may be amended from time to time.
The conduct of games of chance shall be subject to the restrictions imposed by Article 9-A of the General Municipal Law, including, but not limited to, those restrictions imposed by § 189 of such law, the restrictions imposed by local law, and the restrictions imposed by rules and regulations of New York State Racing and Wagering Board as well as any other applicable statutory, regulatory, and/or case law.
Games of chance may be commenced under any license issued pursuant to this article on Sunday only between the hours of 12:00 noon and 12:00 midnight except that the application for a license may request approval to conduct such games of chance beyond 12:00 midnight if the following day is a legal holiday. Notwithstanding the foregoing provisions of this section, no games of chance shall be conducted on Easter Sunday, Christmas Day, or New Year's Eve.
The Town Clerk of the Town of Montour shall be responsible for the issuance of a license to conduct games of chance and shall collect and disburse such fees as shall be set by law, including, but not limited to, Article 9-A of the New York State General Municipal Law, the local law and Town regulations, and the rules and regulations of the New York State Racing and Wagering Board.
Any person, association, corporation or organization who or which shall make any false statement on any application for any license authorized to be issued for the conduct of games of chance in the Town of Montour and/or in a statement annexed thereto and/or who or which shall violate any of the provisions and restrictions contained in Article 9-A of the General Municipal Law, the local law, and/or the rules and regulations of the New York State Racing and Wagering Board shall be guilty of a misdemeanor and shall be liable for such punishment as is provided by law and shall forfeit any license issued to it under this article authorizing the conduct of games of chance in the Town of Montour and shall be ineligible to apply for another license for at least one year thereafter.
Pursuant to Article 9-A of the General Municipal Law, the chief law officer, namely, the Schuyler County Sheriff, shall exercise control over, and supervision of, all games of chance conducted under appropriately issued license. Such officer and his or her duly authorized representative shall have all those powers and duties set forth in Article 9-A of the General Municipal Law, the local law, and the rules and regulations of the New York State Racing and Wagering Board.
This article shall become effective:
A. 
On approval of the majority of the qualified voters of the Town of Montour, voting on a proposition therefor, duly submitted at a general or special election held within the Town of Montour as provided by the Municipal Home Rule Law;[1] and
[1]
Editor's Note: This local law passed at a mandatory referendum held at the general election 11-2-1999.
B. 
Upon filing of a certified copy of this article thereafter with the office of the Secretary of State and with the New York State Racing and Wagering Board.
[Adopted 7-6-1999 by L.L. No. 2-1999]
This article is adopted pursuant to the authority of Article 14-H of the General Municipal Law of the State of New York and shall be known as "Town of Montour Local Law No. 2 of the year 1999, Local Law to Provide for and Regulate Conduct of Games of Bingo by Authorized Organizations within the Town of Montour.
The words and terms used in this article shall have the same meanings as such words and terms used in Article 19-B of the Executive Law and Article 14-H of the General Municipal Law, unless otherwise provided herein, or unless the context requires a different meaning.
Pursuant to and in accordance with the provisions of Article 14-H of the General Municipal Law of the State of New York, and other applicable provisions of the law, it shall be lawful for any authorized organization, upon obtaining a license therefor as provided in Article 14-H of the General Municipal Law and this article, together with such other rules and regulations as may apply, including, but not limited to, the rules and regulations of the New York State Racing and Wagering Board, to conduct games of bingo within the territorial limits of the Town of Montour subject to the provisions of this article, and provisions of Article 14-H of the General Municipal Law, and the rules and regulations set forth by the New York State Racing and Wagering Board, as the local law, state law, and rules and regulations may be amended from time to time.
The conduct of games of bingo shall be subject to the restrictions imposed by Article 14-H of the General Municipal Law, including, but not limited to, those restrictions imposed by § 479 of such law, the restrictions imposed by local law, and the restrictions imposed by rules and regulations of New York State Racing and Wagering Board as well as any other applicable statutory, regulatory, and/or case law.
No game or games of bingo, except limited period bingo, shall be conducted under any license issued pursuant to this article more often than on 18 days in any three successive calendar months. No game or games of limited period bingo shall be conducted between the hours of 12:00 midnight and 12:00 noon, and no more than 60 games may be conducted on any single occasion of limited period bingo.
No game or games of bingo shall be conducted in any room or outdoor area where alcoholic beverages are sold, served or consumed during the progress of the game or games.
The Town Clerk of the Town of Montour shall be responsible for receiving the filing of applications for the conduct of games of bingo, and the Town Board of the Town of Montour shall be responsible for investigating and issuing of licenses for the conduct of games of bingo, and collecting and disbursing the fees therefor, as set by law, including, but not limited to, Article 14-H of the New York State General Municipal Law, this article and Town regulations, and the rules and regulations of the New York State Racing and Wagering Board.
Any person, association or corporation who or which shall: make any false statement in any application for any license authorized to be issued pursuant to this article; pay or receive, for the use of any premises for conducting bingo, a rental in excess of the amount specified as the permissible rent in the license pursuant to law; fail to keep such books and records as shall fully and truly record all transactions connected with the conducting of bingo or the leasing of premises to be used for the conduct of bingo; falsify or make any false entry in any books or records so far as they relate in any manner to the conduct of bingo, to the disposition of the proceeds thereof and to the application of the rents received by any authorized organization; divert or pay any portion of the net proceeds of any game of bingo to any person, association or corporation, except in the furtherance of one or more of the lawful purposes pursuant to law; violate any of the provisions of Article 14-H of the General Municipal Law or of any term of any license issued pursuant to this article shall be guilty of a misdemeanor and shall forfeit any license issued under Article 14-H of the New York State General Municipal Law, this article and Town regulations, and the rules and regulations of the New York State Racing and Wagering Board, and be ineligible to apply for one year thereafter.
This article shall become effective:
A. 
On approval of the majority of the qualified voters of the Town of Montour, voting on a proposition therefor, duly submitted at a general or special election held within the Town of Montour as provided by the Municipal Home Rule Law;[1] and
[1]
Editor's Note: This local law passed at a mandatory referendum held at the general election 11-2-1999.
B. 
Upon filing of a certified copy of this article thereafter with the office of the Secretary of State and with the New York State Racing and Wagering Board.